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Need Advice Urgent!

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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sanshah
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Joined: Fri Nov 25, 2016 3:22 am

Need Advice after Set O application refusal

Post by sanshah » Thu Jun 01, 2017 10:09 am

Hi all group memebers!
My set o application has been refused, the reason i have been given is income is not genuine, i have been given option to go for AR. Considering the situation I dont think AR will be successful but still I will give it a chance. I entered in this country on 22 sep 2007, considering the facts if I go for AR, i will get reply by the end of June or before mid of july, my question is if my AR will be un successful then what option I have to cover up my 3 months gap to complete my 10 years. Thanks in advance guys...

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zimba
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Re: Need Advice after Set O application refusal

Post by zimba » Thu Jun 01, 2017 12:10 pm

You assumption that you can apply for 10 year ILR is wrong. If you have obtained a Tier 1G visa through deceptive means (like declaring non-genuine income) then you do NOT have 10 year lawful stay in the UK as your Tier 1 was obtained through deception.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Carwan10
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Re: Need Advice after Set O application refusal

Post by Carwan10 » Thu Jun 01, 2017 8:46 pm

sanshah wrote:Hi all group memebers!
My set o application has been refused, the reason i have been given is income is not genuine, i have been given option to go for AR. Considering the situation I dont think AR will be successful but still I will give it a chance. I entered in this country on 22 sep 2007, considering the facts if I go for AR, i will get reply by the end of June or before mid of july, my question is if my AR will be un successful then what option I have to cover up my 3 months gap to complete my 10 years. Thanks in advance guys...

Could you pls tell us about your immigration history

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sanshah
Newbie
Posts: 42
Joined: Fri Nov 25, 2016 3:22 am

Need Advice Urgent!

Post by sanshah » Fri Jul 07, 2017 2:41 am

Hello group members!

My Set O Application was refused last month and yesterday AR decision was came which was also negative. HO maintaned the original decision. My ILR was refused on basis of non genuine income. My 10 years will complete in September 2017, is there any possible way to keep myself legal, as i have been given only 14 days either to leave the country or submit new application.
Any sort of help or advice will be highly appreciated.

Vegeta
Junior Member
Posts: 57
Joined: Thu Jun 16, 2011 9:10 pm
India

Re: Need Advice Urgent!

Post by Vegeta » Fri Jul 07, 2017 9:26 am

If you can prove your income is genuine, go for judicial review. In my opinion all other routes would be just waste of time/money..

some people apply applications like flr for time being to complete 10 years and vary it to ilr LR once 10 years are completed. But the chances of getting ILR are still very low.

Vegeta
Junior Member
Posts: 57
Joined: Thu Jun 16, 2011 9:10 pm
India

Re: Need Advice Urgent!

Post by Vegeta » Fri Jul 07, 2017 11:14 am

When did you apply for AR? and when did you get the result?

I'm waiting for my AR

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zimba
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Re: Need Advice Urgent!

Post by zimba » Fri Jul 07, 2017 2:01 pm

Your section 3C has ended after AR refusal, so as your 10 year immigration clock. You cannot count the time from now as an overstayer as part of the 10 year as you do not get 10 years lawful stay. A JR is the only option assuming that your income was genuine
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

sanshah
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Posts: 42
Joined: Fri Nov 25, 2016 3:22 am

Re: Need Advice Urgent!

Post by sanshah » Sat Jul 15, 2017 5:27 am

I spoke to my solicitor, he said I am still eligible to apply through LR route as I am just short of one month and few days considering the 28 days HO rule. He said the same thing as many other people are covering their shortage of time period by filing FLR fp files, and once they reach their 10 years they vary it to LR. I have a question once the application is filed and i reach my 10 years after that if I withdraw it and vary it to LR am I eligible to get the refund of FLR fp application and how much is IHS surcharge? Ur replies matters alot. Thanks in advance.

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Casa
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United Kingdom

Re: Need Advice Urgent!

Post by Casa » Sat Jul 15, 2017 9:46 am

In any event, unless you can prove that your income was genuine any further applications for an extension or long residence will be refused due to the same reason of deception.

FLR(LR) applications made simply to buy time are now frequently being refused as 'vexatious and frivolous'....even without a deception issue. :!:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

sanshah
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Posts: 42
Joined: Fri Nov 25, 2016 3:22 am

Re: Need Advice Urgent!

Post by sanshah » Sat Jul 15, 2017 10:42 am

Thanks for your reply I got your point, but mine question was if I withdraw my application in a month time before any decision they make will they refund application fee and IHS surcharge? And how much IHS surcharge I have to pay for this FLR fp application. Thanks..

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zimba
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Re: Need Advice Urgent!

Post by zimba » Sun Jul 16, 2017 1:27 pm

Have you applied for AR ?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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